What is an unlawful detainer?

An unlawful detainer refers to a legal action that a landlord initiates to remove a tenant from rental property. This process typically arises when a tenant has violated the terms of their lease, such as failing to pay rent or engaging in behavior that is against the rules specified in the rental agreement. The unlawful detainer action is a formal legal procedure that allows landlords to seek the court's intervention to restore possession of the property, ensuring the eviction is conducted according to the law.

Understanding this term is crucial because it embodies the statutory framework protecting both landlords and tenants' rights during the eviction process. A proper unlawful detainer action ensures that tenants are not removed from the property without due process, while also enabling landlords to reclaim their property when necessary.